If any president, secretary, treasurer, director, engineer, agent or
other officer of any railroad company shall embezzle any moneys, bonds or other
valuable funds or securities, with which such president, secretary, treasurer,
director, engineer, agent or other officer shall be charged by virtue of his
office or agency, or shall in any way, directly or indirectly, apply or
appropriate the same for the use or benefit of himself or any other person, state
or corporation, other than the company of which he is president, secretary,
treasurer, director, engineer, agent or other officer, for every such offense
the person so offending shall be guilty of a felony, and on conviction in the
superior or criminal court of any county through which the railroad of such
company shall pass, shall be punished as a felon. If the value of the money,
bonds, or other valuable funds or securities is one hundred thousand dollars
($100,000) or more, a violation of this section is a Class C felony. If the
value of the money, bonds, or other valuable funds or securities is less than
one hundred thousand dollars ($100,000), a violation of this section is a Class
H felony. (1870-1, c. 103, s.
1; Code, s. 1018; Rev., s. 3403; C.S., s. 4272; 1979, c. 760, s. 5; 1979, 2nd
Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1997-443, s.
19.25(h).)